39QUse of substances in controlled operations and integrity testing programs

#### 39Q Use of substances in controlled operations and integrity testing programs 39Q Use of substances in controlled operations and integrity testing programs > > (1) The Commissioner of Police may, by order in writing, direct that any substance to which this Part applies that has been seized by a police officer be retained by a police officer specified in the direction for the purpose of its being used in connection with— > > > > > (a) a controlled operation under the [Law Enforcement (Controlled Operations) Act 1997](/view/html/inforce/current/act-1997-136), or > > > > > (b) an integrity testing program under Part 10A of the [Police Act 1990](/view/html/inforce/current/act-1990-047). > > > (2) A direction under this section may be given in relation to a substance— > > > > > (a) whether it is intended for immediate use or for use at some later time, and > > > > > (b) whether it is intended for use by the police officer specified in the direction or for use by some other person. > > > (3) A direction under this section is subject to the following conditions— > > > > > (a) that the substance to which the direction relates is to be kept securely until it is used in connection with a controlled operation or integrity testing program, > > > > > (b) any other condition that the Commissioner of Police considers appropriate. > > > (4) A direction under this section need not identify a particular controlled operation or integrity testing program and a particular controlled operation or integrity testing program need not be in contemplation before a direction under this section may be made. > > > (5) Despite any other Act or law to the contrary, the functions of the Commissioner of Police under this section may not be delegated except to— > > > > > (a) a Deputy Commissioner of Police, or > > > > > (b) a person who is appointed to a NSW Police Force Senior Executive Service position and to whom the function under section 6 (1) of the [Law Enforcement (Controlled Operations) Act 1997](/view/html/inforce/current/act-1997-136) of authorising the conduct of a controlled operation has been delegated in accordance with that Act. > > **s 39Q:** Ins 1986 No 47, Sch 1 (2). Subst 2016 No 6, Sch 1 \[3\].